The New Zealand Labour Party has just put out the following press release, setting out a community-driven proposed process for making decisions about the future of transport around the Basin Reserve precinct following the defeat of the Transport Agency’s flyover proposal. The Save the Basin Campaign has signed up as one of the groups supporting this proposed process.

– Tim Jones, Save the Basin Campaign Co-Convenor

Time for a real say for Wellingtonians on Basin Reserve transport issues

7 December 2015

A number of community organisations have proposed a new, grassroots process to find a solution to the transport access issues around Wellington’s Basin Reserve, Wellington Central Labour MP Grant Robertson says.

“With the flyover proposal thankfully shelved, it is time to create a sustainable solution for transport access around the Basin Reserve. The community who live and move around the area have spent considerable time and resources opposing NZTA’s ideas, and have now come together to work on a positive alternative.

“As the local MP I brought together a number of groups to see if they could find common ground following the High Court decision on the flyover. The result is a set of principles and a draft process for finding the transport solution for the Basin Reserve.

“The core of the proposal is taking an inclusive approach that builds a solution from the ground up. The principles recognise the importance of the Basin Reserve area as a cultural, heritage and recreational space. They also call for improvements to start with ‘at grade’ solutions that balance the need for all modes of transport.

“The plan is to have a draft design process that would be professionally and independently facilitated, including a public ‘design-a-thon’ and proper testing of all proposals.

“The Board of Inquiry and the Court were very clear that NZTA had not properly assessed alternatives to the flyover, nor had they consulted as well as they should have. It’s time to find a new way to reach the best possible outcome for Wellington.

“Along with these community groups I am asking NZTA, the Wellington City Council and the Greater Wellington Regional Council to adopt a process that gives the people of Wellington a real voice in what happens in this important project,” Grant Robertson said.

“Along with these community groups I am asking NZTA, the Wellington City Council and the Greater Wellington Regional Council to adopt a process that gives the people of Wellington a real voice in what happens in this important project,” Grant Robertson said.

The groups who have agreed to the principles and draft process are: Living Streets Aotearoa, Save the Basin Campaign, Mt Cook Mobilised, Mt Victoria Residents Association, Newtown Residents Association and FIT Wellington. Other groups are likely to sign up in coming weeks.

So, as we approach the General Election, voters have a clear choice. Four parties – Labour, the Greens, United Future and NZ First – have expressed clear and consistent opposition to a Basin Reserve flyover, while the Mana Movement has previously expressed opposition.

In contrast, the National Party appears unable to conceive that the NZTA might have got it wrong, or that any other solution than a flyover is possible. The return of a National Government will increase the risk that a flyover is pushed through outside the normal RMA processes, such as by empowering legislation.

Cancelled the Notice of Requirement (NoR) for the construction, operation, and maintenance of State Highway 1 in Wellington City between Paterson Street and Buckle Street/Taranaki Street, and to construct (and where necessary operate and maintain) work that avoids, remedies or mitigates adverse effects.

Declined the resource consent applications.

In other words, they turned down the flyover proposed to them by the New Zealand Transport Agency. Parties (including the applicant and submitters) now have until 19 August to submit comments on any factual errors they find within the draft report, and the Board will release its final decision by Saturday 30 August. Parties then have the opportunity to consider making an appeal on matters of law.

There were also a number of congratulatory messages and supportive statements from political parties including Labour, the Greens, United Future and NZ First, which I’ll cover in a subsequent post. (If I’ve missed any parties out from that list, please let me know!)

The sky isn’t falling, and there is a Plan B

Given previous Boards’ track record of approving Government proposals, it’s understandable that many people were surprised at the decision. What’s less understandable is the failure of a number of local business and civic leaders to either accept or adapt to the situation.

Plainly, many flyover supporters had proceeded on the assumption that the project would be rubber-stamped. The weeping, wailing and gnashing of teeth extended from Kirkcaldie and Stains to certain inhabitants of various Council chambers.

Well, here’s some news for the Chicken Littles of Wellington: the sky isn’t falling, and contrary to what a number of local and national politicians have said, there is a plan B – in fact, several other options are on the table and were taken seriously by the Board in its report.

We concluded that the BRREO concept was not suppositional and was at least worthy of consideration. While not delivering equal transportation benefits to the Project, we found that it may nonetheless deliver measurable transport benefits at considerably less cost and considerably less adverse effects on the environment. We bear in mind that BRREO is still at a provisional or indicative stage and could be subject to further adjustment by further analysis. (pp. 438-9)

So. Options are on the table. Pending the final decision, a flyover isn’t one of them. It’s time for an open, reality-based discussion about what happens next.

The Basin Board of Inquiry hearing is scheduled to end on Wednesday 4 June. The Board will then continue to meet to review the evidence and reach their draft decision, which is scheduled to be released on or before Saturday 19 July 2014. The Board will then give 20 working days for comment on the draft conditions, before releasing its final decision on or before Saturday 30 August 2014.

There is then the opportunity to appeal the final decision on legal issues. This appeal period will extend beyond the 2014 General Election, so the outcome of the election – if there is a change of Government – may also be significant to the final outcome. Bear in mind that five political parties: Labour, Greens, NZ First, Mana and United Future – have expressed opposition to the proposed flyover.

What this means for Save the Basin is that we will know which way the Board intends to jump by the 19th of July – since, on past practice, there is relatively low likelihood that the final decision will depart significantly from the draft decision, other than in the matter of conditions if the project is approved. If the draft decision does not go in our favour, and if we do consider there are grounds for appeal, then fundraising will become a high priority.

Of course, we hope it won’t come to that. We think that Save the Basin and other groups opposed to this unnecessary, ugly and expensive project have presented a very strong case as to why the project should not proceed. But that ball is now in the Board’s court.

Last week was quite a week for the campaign to stop a motorway flyover being built at the Basin Reserve. Events happened so rapidly that we never got round to covering them here, so here is a quick recap of the week.

Three-month extension to Basin Flyover Board of Inquiry

It had been evident for some time that the Basin “Bridge” Board of Inquiry was not going to meet its original, or even its revised, timetable. To their credit, the Board wrote to the minister and asked for an extension, which the Minister has now granted.

The Board was due to present its final report on 31 May. It now has until 31 August to report, which means that its final report, and any consequent legal action, will be happening around the time of the General Election.

Subsequent to this decision, the Board released a revised draft hearing timetable.

If you are a submitter who is making an oral submission, someone calling witnesses, or an expert witness, make sure you check this timetable and the further changes that have already occurred. Some submitters have already found that they have been scheduled to appear twice. Most individual submitters will now be scheduled to appear on Fridays. Due to the extension, there may also be a change in the hearing venue, which is currently the Amora Hotel.

Campaigners criticising a proposed project is one thing. Politicians criticising a proposed project is another thing. But when independent transport experts find gaping flaws in the claimed benefits underlying a proposal, then that proposed project has a problem.

And that’s exactly the situation with the proposed Basin Reserve flyover. A series of traffic and transportation peer review reports from consultants appointed by the Board of Inquiry has shown damning holes, inconsistencies and grossly inflated claims in NZTA’s proposals – faults that NZTA and its experts have chosen to gloss over.

The travel time saved by the proposed Basin Reserve flyover amounts to only 90 seconds, not the claimed seven-and-a-half minutes, a new statement by experts and witnesses shows, Labour’s MP for Wellington Central Grant Robertson says.

“This flyover is costing $90 million but in the end will only save commuters 90 seconds. That is a colossal waste of money when they are other alternatives available to improve traffic flow.

“The claim has been made that the flyover will give seven-and-a-half minutes of travel time savings, but in material released late last week. The experts now agree six of those minutes actually come from a third lane in the Memorial Park tunnel and changes to the Taranaki Street intersection. These are completely separate developments from the flyover.

“It is significant that witnesses and experts agree on this. It puts into question the cost benefit claims about the project and should weigh heavily on the Board of Inquiry.

And of course, Grant Robertson is far from the only politician to criticise the proposed flyover. In addition to Labour, the Greens, United Future, New Zealand First and Mana have all expressed opposition to the proposed flyover. All these parties recognise a crock when they see one. It’s a pity NZTA and the Government are too blinded by their own arrogance to see the fatal flaws in its proposal.